“Principled based” or “interest-based” negotiation has been around for at least 30 years. First popularized in the 1981 publication referenced above, it has taken hold in the resolution of legal disputes. But how effective is negotiation in family law disputes?

A recent survey by the Canadian Research Institute for Law and the Family suggests-very effective. This summer, lawyers attending the biannual National Family Law Program (a group which included Julia and Jenny) were surveyed about how their family cases resolved. Lawyer-led negotiation was the top method by a considerable margin, ahead of judicial conferences, mediation, direct negotiation by parties, collaborative law, trials and arbitrations. Perhaps even more surprising is the geographical distribution. In the words of the report’s author, J.P. Boyd, “The rate of resolution in the Maritimes is astonishing at more than half of lawyer’s files”.

At SCC, we strongly believe in the benefit to our clients of principled-based resolutions. We pride ourselves on our success in achieving comprehensive, workable solutions that take into account all aspects of our client’s circumstances-whether they be legal, financial or personal. So we think we had a hand in contributing to the very positive result from the Maritimes. And we appreciate those of our colleagues in the family law bar who share our commitment to “getting to yes.”

For the full article, “How lawyers resolve family law disputes” click here.